Batavia multiplies penalties for illegal dumping by 100

Dumping prohibited materials into the Batavia’s sewer system could cost offenders up to 100 times what it would have before March 11, with the newly updated city code boasting much heftier penalties.

Batavia City Council members amended city code to increase fines for illegal dumping into the city’s sewer system during a special meeting held immediately before the March 11 Committee of the Whole meeting.

Until Tuesday, March 11, the fine for illegal dumping was up to $200 per violation. Under the newly amended code, violators will face fines of $1,000 to $20,000 per day for each violation.

This is the first time the city has adjusted the penalties for this type of code violation since 1988.

Batavia City Administrator Laura Newman presented the ordinance at the Special City Council meeting. She told council members that the change is a result of the city’s sewage system recently being hit with a slug of illegally discharged chemicals that caused roughly $40,000 in damage to the city’s wastewater treatment facilities.

Newman said that while the new fines cannot be enforced retroactively to combat the recent damages, city staff was able to identify the source of the damage, and the city will be pursuing a civil suit against the violators.

In addition to the new fines, Newman suggested a business registration program and permitting system for discharge to help the city monitor and identify the sources of their wastewater pollutants.

Per the newly amended code, those found in violation of the code will be liable for any expense, loss or damage caused by the violation. The city will bill the offender for all costs associated with violation, including those for investigation, mitigation, enforcement, cleaning, repair or replacement done in response to the violation.

Council members approved the ordinance in an unanimous vote. Aldermen Tony Malay, Mark Uher and Nicholas Cerone were absent.